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In Re: a First-grade Pleader

Type Court Judgment Court Chennai Decided Feb 16, 1900
~1 min read
https://sooperkanoon.com/case/781109

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Citation
Court
Chennai
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Legal Practitioners Act - Act XVIII of 1879, Sections 13, 14--Petition containing disrespectful language presented by co-plaintiff who was also a pleader in the Court--Act committed by a suitor. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: a First-grade Pleader

Legal References

Reported In
(1901)ILR24Mad17

Excerpt

legal practitioners act - act xviii of 1879, sections 13, 14--petition containing disrespectful language presented by co-plaintiff who was also a pleader in the court--act committed by a suitor. - 1. there is no doubt the language used in the petition was highly improper, and in returning the petition for amendment, the judge adopted the proper course. as no further immediate action was taken and the petition was not represented, the matter should have been allowed to drop and not resuscitated after the lapse of several months.2. further, we are of opinion that steps should not have been taken against the petitioner under the legal practitioners act go long as it was possible to take notice of the act in any other way, as one committed by a suitor. [see the case of in re wallace l.r. 1 p.c. 283. it may be added that the act of the petitioner was not per se sufficient to disqualify him from continuing to be a pleader.3. we therefore dismiss the charge.

Full Judgment

1. There is no doubt the language used in the petition was highly improper, and in returning the petition for amendment, the Judge adopted the proper course. As no further immediate action was taken and the petition was not represented, the matter should have been allowed to drop and not resuscitated after the lapse of several months.

2. Further, we are of opinion that steps should not have been taken against the petitioner under the Legal Practitioners Act go long as it was possible to take notice of the act in any other way, as one committed by a suitor. [See the case of In re Wallace L.R. 1 P.C. 283. It may be added that the act of the petitioner was not per se sufficient to disqualify him from continuing to be a pleader.

3. We therefore dismiss the charge.

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